HB1275 103RD GENERAL ASSEMBLY

LRB103 04788 LNS 49798 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1275

Introduced 1/31/2023, by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1116

from Ch. 110, par. 2-1116

Amends the Code of Civil Procedure. Provides that no contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1116 as follows:

(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional)

Sec. 2-1116. Limitation on recovery in tort actions.

In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff.

No contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined in Section 13-202.2.

(Source: P.A. 84-1431.)

Section 99. Effective date. This Act takes effect upon becoming law.